Back / lumbar spine decisions — 2024

The Veteran's appeal for an effective date earlier than June 7, 2016 for the assignment of service connection for a back disability has been dismissed.,An initial disability rating of 40 percent, but no more, effective June 7, 2016 for peripheral neuropathy of the right lower extremity is granted.,An initial disability rating of 40 percent, but no more, effective June 7, 2016 for peripheral neuropathy of the left lower extremity is granted.,The Veteran's appeal for an initial disability rating in excess of 10 percent for a right knee disability has been dismissed.

The Veteran's claims for anxiety, depression, and Meniere's disease have been granted. The remaining issues of service connection for other conditions are remanded.

The Board has decided to remand the case due to errors in the initial examination and lack of medical records, requiring further investigation into the Veteran's lower back conditions.

The Veteran's low back disability is attributable to his active-duty service.,The Veteran's left lower extremity radiculopathy and right lower extremity radiculopathy are caused by his service-connected low back disability.,Service connection for the Veteran's low back disability, bilateral lower extremity radiculopathies (left and right) is granted.

The Veteran's lumbar spine disability, to include degenerative arthritis, is granted as service connected.,The Veteran's right shoulder disability, to include acromioclavicular joint osteoarthritis, is granted as service connected.,The Veteran's left shoulder disability, to include acromioclavicular joint osteoarthritis, is granted as service connected.,The Veteran's right and left knee disabilities are remanded for further review.

The Board has decided to remand the case due to a duty-to-assist error in the July 2023 VA examination report. The examiner did not address whether the Veteran's thoracolumbar spine strain pre-existed service or was aggravated by service, which is necessary for proper adjudication of the claim.

The Veteran's service connection claims for a respiratory disability and OSA have been denied due to lack of current diagnosis. The low back disability claim is remanded as there was an error in the duty to assist.,Service connection for a low back disability is being remanded due to a duty to assist error.

The Veteran's claims for service connection and higher ratings have been dismissed due to his death.

The Board has determined that the Veteran's lumbar spine disability was incurred in or caused by military service, and therefore grants entitlement to service connection.

The Veteran's claim for service connection for a low back disability is being remanded due to the need for additional evidence and clarification of causation.

The Veteran's lumbar spine disability was restored to a 40 percent evaluation, and his right and left lower extremity radiculopathy were also restored to their respective higher evaluations. The reduction from the initial ratings did not meet the criteria for restoration.

The Board has granted service connection for a lumbar spine disability as secondary to the Veteran's right talus fracture residuals with fusion and leg length discrepancy. The RO is remanded to consider increased ratings for the right ankle, right knee, left knee, bilateral lower extremity radiculopathy, and TDIU.

The Board has granted service connection for neck and low back disorders, right upper extremity radiculopathy, right lower extremity radiculopathy, left lower extremity radiculopathy, and a back scar. The Veteran's credible statements of pain in his neck and back have been considered, with the weight of evidence at least in equipoise.

The Veteran's service-connected back disability requires regular aid and attendance, which has been granted SMC.

The Board has remanded the claims for an initial rating higher than 10 percent for lumbosacral strain and TDIU due to issues with scheduling of VA examinations.

The Board has found that the VA examinations for the Veteran's cervical spine, thoracolumbar spine, and right upper extremity radiculopathy disabilities are inadequate due to a lack of range-of-motion testing during flares. The claims are being remanded for new VA examinations to address these issues.

The Veteran's claims for increased ratings are being remanded due to the need for additional examinations and updated medical records.

The Board has reopened the Veteran's claims for service connection for numbness of the bilateral hands, feet, a low back disability, and TBI. The claims are now remanded to determine if these conditions are related to service.

The Board has remanded the claims for increased ratings for degenerative disease of the lumbar spine, left knee patellofemoral syndrome, and right knee joint strain with patellofemoral syndrome due to inadequate VA examinations.

The Veteran is granted a TDIU based on a single disability (BPH) from April 18, 2020. He also receives SMC at the housebound rate due to his service-connected disabilities.